Statutory Instrument 1996 No. 2146 (S.170)

The Police Act 1996 (Scotland) Order 1996

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1996 No. 2146 (S.170)

POLICE

The Police Act 1996 (Scotland) Order 1996

The Secretary of State, in exercise of the powers conferred on him by paragraph 11(1) and (4) of Schedule 8 to, as read with section 104(3) of, the Police Act 1996^[1] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and extent
    1.—(1)  This Order may be cited as the Police Act 1996 (Scotland) Order 1996 and shall come into force on 21st August 1996.

    (2)  This Order shall extend to Scotland only.

Appointed day
    2.    For the purposes of paragraph 11(1) of Schedule 8 to the Police Act 1996, the Secretary of State hereby appoints 22nd August 1996 as the day when the provisions of the Police Act 1996 mentioned in sub-paragraph (2) of paragraph 11 of Schedule 8 to that Act shall cease to have effect subject to the modifications set out in that sub-paragraph.

James Douglas-Hamilton

Minister of State, Scottish Office
St Andrew's House, Edinburgh

11th August 1996

This Order, which extends to Scotland only, appoints 22nd August 1996 as the day when the provisions of section 59 of the Police Act 1996 (police federations) shall cease to have effect subject to the modifications set out in paragraph 11(2) of Schedule 8 to the 1996 Act.

The modifications of section 59 of the 1996 Act set out in paragraph 11(2) of Schedule 8 to that Act relate to references to police disciplinary proceedings under the former statutory provisions dealing with such proceedings in the Police (Scotland) Act 1967 (c. 77) which are substituted by Part II of the Police and Magistrates' Courts Act 1994 (c. 29). The modifications of section 59 of the 1996 Act are not required in Scotland when the 1996 Act comes into force on 22nd August 1996 because the former statutory provisions relating to police disciplinary proceedings are replaced by the Police (Conduct) (Scotland) Regulations 1996 (S.I. 1996/1642) and the Police (Conduct) (Senior Officers) (Scotland) Regulations 1996 (S.I. 1996/1645) on 1st August 1996. The said Regulations are made under section 26(2A) of the Police (Scotland) Act 1967, a provision inserted in the 1967 Act by section 52(3) of the Police and Magistrates' Courts Act 1994 which comes into force on 1st August 1996 (see the Police and Magistrates' Courts Act 1994 (Commencement No 10 and Savings) (Scotland) Order 1996 (S.I. 1996/1646)).

[1] 1996 c. 16. back